Judge refuses to accept guilty plea in arson fire

Wednesday

BEAVER — For the second time, a Beaver County judge refused Wednesday to accept a New Brighton woman’s guilty plea to destroying her house in an act of arson.

Repeatedly pressed by Judge John P. Dohanich, Mildred Westerman said she couldn’t remember setting the fire, though she thought she must have done so.

“I believe I did set it, but I don’t know why I set it,” Westerman, 47, formerly of 214 Fifth St., told Dohanich moments before she was to plead guilty to a single felony count of arson.

Dohanich told her that a person pleading to arson would admit they intentionally set the fire.

“I set the fire,” Westerman said. “Was it intentionally? I’m still not sure to this day, but I’d rather just say I did it.”

Westerman is in the midst of mental health treatment while awaiting additional court action for the June 16 fire that destroyed her Fifth Avenue home and damaged two adjacent homes. The fire also caused phone outages in a section of the borough.

New Brighton Area police said that around 4:45 a.m. June 16, Westerman set her house on fire and then ran from it, pounding on a neighbor’s door to alert the family inside.

In an interview with The Times several hours after the fire, Westerman said she used a lighter to set a living-room curtain on fire. She said she set the fire because of “confusion over right and wrong,” and said she hadn’t wanted to hurt anyone.

The felony plea could have sent Westerman to prison for up to 10 years. But under the plea agreement reached between the public defender’s office, which represented Westerman, and the district attorney’s office, Westerman was expected to be sentenced to between three and 23½ months in county jail, followed by two years’ probation.

On Aug. 12, Judge Richard Mancini refused to accept Westerman’s plea, noting that this is the second time she has been accused of torching her home.

In 2001, Westerman set her former Daugherty Township home on fire, damaging it. For that fire, Westerman was sentenced to 18 months’ probation under Beaver County’s first-time offender program.

Wednesday, Westerman said she has been undergoing mental health treatment since she was arrested in June, and indicated to public defender John Ross that the medication she is taking is helping her.

Ross went through a standard list of questions with Westerman as she sat before Dohanich, including asking her whether she understood what she was pleading guilty to Wednesday and whether her medication was affecting her judgment.

Westerman said no to that, and seemed willing to accept responsibility, saying, “It was my house, my property, and I don’t know why I did it.” At another point, she said, “Somebody could have gotten killed, and that’s the most important part.”

But then Westerman seemed to waver, first telling Dohanich that she “would probably plead not guilty,” then said that she did not mean to intentionally start the fire.”

Westerman then described how she remembered having a cigarette and a lighter in her hands, and said she obviously started the fire, though she doesn’t remember the act itself.

“Did you set the fire?” Dohanich asked, and Westerman replied, “As far as I’m concerned, I must have.”

Dohanich then asked, “Are you saying this was an accident?” and she responded, “I’m not sure.”

“Under the circumstances, I can’t accept the plea,” Dohanich said.

Westerman, however, continued to talk, saying how after she left the house, she turned and saw flames at one window.

“Did you do that or did you not do that?” Dohanich asked again, and Westerman said, “I’m telling you what I know. Where did the fire come from? It just didn’t come out of nowhere.”

Beaver County Assistant District Attorney Jennifer Popovich said Westerman’s case would be placed back on the trial schedule; a potential trial date wasn’t available Wednesday afternoon. Westerman will also continue mental health treatment.

Westerman seemed bewildered that her plea wasn’t accepted, telling people after the hearing was recessed, “I just told the truth.”

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